Ohio § 2981.13

§ 2981.13.

(A) Except as otherwise provided in this section, property ordered forfeited as contraband,

proceeds, or an instrumentality pursuant to this chapter shall be disposed of, used,

or sold pursuant to section 2981.12 of the Revised Code .  If the property is to be sold under that section, the prosecutor shall cause notice

of the proposed sale to be given in accordance with law. (B) If the contraband or instrumentality forfeited under this chapter is sold, any moneys

acquired from a sale and any proceeds forfeited under this chapter shall be applied

in the following order: (1) First, to pay costs incurred in the seizure, storage, maintenance, security, and

sale of the property and in the forfeiture proceeding; (2) Second, in a criminal forfeiture case, to satisfy any restitution ordered to the

victim of the offense or, in a civil forfeiture case, to satisfy any recovery ordered

for the person harmed, unless paid from other assets; (3) Third, to pay the balance due on any security interest preserved under this chapter; (4) Fourth, apply the remaining amounts as follows: (a) If the forfeiture was ordered by a juvenile court, ten per cent to one or more community

addiction services providers as specified in division (D) of section 2981.12 of the Revised Code ; (b) If the forfeiture was ordered in a juvenile court, ninety per cent, and if the forfeiture

was ordered in a court other than a juvenile court, one hundred per cent to the law

enforcement trust fund of the prosecutor and to the following fund supporting the

law enforcement agency that substantially conducted the investigation: (i) The law enforcement trust fund of the county sheriff, municipal corporation, township,

or park district created under section 511.18 or 1545.01 of the Revised Code ; (ii) The state highway patrol contraband, forfeiture, and other fund; (iii) The department of public safety investigative unit contraband, forfeiture, and other

fund; (iv) The department of taxation enforcement fund; (v) The board of pharmacy drug law enforcement fund created by division (B)(1) of section 4729.65 of the Revised Code ; (vi) The medicaid fraud investigation and prosecution fund; (vii) The bureau of criminal identification and investigation asset forfeiture and cost

reimbursement fund created by section 109.521 of the Revised Code ; (viii) The casino control commission enforcement fund created by section 3772.36 of the Revised Code ; (ix) The auditor of state investigation and forfeiture trust fund established under section 117.54 of the Revised Code ; (x) The treasurer of state for deposit into the Ohio law enforcement training fund if

any other state law enforcement agency substantially conducted the investigation. In the case of property forfeited for medicaid fraud, any remaining amount shall be

used by the attorney general to investigate and prosecute medicaid fraud offenses. If the prosecutor declines to accept any of the remaining amounts, the amounts shall

be applied to the fund of the agency that substantially conducted the investigation. (c) If more than one law enforcement agency is substantially involved in the seizure

of property forfeited under this chapter, the court ordering the forfeiture shall

equitably divide the amounts, after calculating any distribution to the law enforcement

trust fund of the prosecutor pursuant to division (B)(4) of this section, among the

entities that the court determines were substantially involved in the seizure. (C)(1) A law enforcement trust fund shall be established by the prosecutor of each county

who intends to receive any remaining amounts pursuant to this section, by the sheriff

of each county, by the legislative authority of each municipal corporation, by the

board of township trustees of each township that has a township police department,

township or joint police district police force, or office of the constable, and by

the board of park commissioners of each park district created pursuant to section 511.18 or 1545.01 of the Revised Code that has a park district police force or law enforcement department, for the purposes

of this section. There is hereby created in the state treasury the state highway patrol contraband,

forfeiture, and other fund, the department of public safety investigative unit contraband,

forfeiture, and other fund, the medicaid fraud investigation and prosecution fund,

and the department of taxation enforcement fund, for the purposes of this section. Amounts distributed to any municipal corporation, township, or park district law enforcement

trust fund shall be allocated from the fund by the legislative authority only to the

police department of the municipal corporation, by the board of township trustees

only to the township police department, township police district police force, or

office of the constable, by the joint police district board only to the joint police

district, and by the board of park commissioners only to the park district police

force or law enforcement department. (2)(a) No amounts shall be allocated to a fund under this section or used by an agency unless

the agency has adopted a written internal control policy that addresses the use of

moneys received from the appropriate fund.  The appropriate fund shall be expended only in accordance with that policy and,

subject to the requirements specified in this section, only for the following purposes: (i) To pay the costs of protracted or complex investigations or prosecutions; (ii) To provide reasonable technical training or expertise; (iii) To provide matching funds to obtain federal grants to aid law enforcement, in the

support of DARE programs or other programs designed to educate adults or children

with respect to the dangers associated with the use of drugs of abuse; (iv) To pay the costs of emergency action taken under section 3745.13 of the Revised Code relative to the operation of an illegal methamphetamine laboratory if the forfeited

property or money involved was that of a person responsible for the operation of the

laboratory; (v) For other law enforcement purposes that the superintendent of the state highway patrol,

department of public safety, attorney general, auditor of state, prosecutor, county

sheriff, legislative authority, department of taxation, Ohio casino control commission,

board of township trustees, or board of park commissioners determines to be appropriate. (b) The board of pharmacy drug law enforcement fund shall be expended only in accordance

with the written internal control policy so adopted by the board and only in accordance

with section 4729.65 of the Revised Code , except that it also may be expended to pay the costs of emergency action taken under section 3745.13 of the Revised Code relative to the operation of an illegal methamphetamine laboratory if the forfeited

property or money involved was that of a person responsible for the operation of the

laboratory. (c) A fund listed in division (B)(4)(b) of this section, other than the Medicaid fraud

investigation and prosecution fund, shall not be used to meet the operating costs

of the agency, office, or political subdivision that are unrelated to law enforcement. (d) Forfeited moneys that are paid into the state treasury to be deposited into the Ohio

law enforcement training fund pursuant to this section shall be used by the commission

only to pay the costs of peace officer training. (3) Any of the following offices or agencies that receive amounts under this section

during any calendar year shall file a report with the specified entity, not later

than the thirty-first day of January of the next calendar year, verifying that the

moneys were expended only for the purposes authorized by this section or other relevant

statute and specifying the amounts expended for each authorized purpose: (a) Any sheriff or prosecutor shall file the report with the county auditor. (b) Any municipal corporation police department shall file the report with the legislative

authority of the municipal corporation. (c) Any township police department, township or joint police district police force, or

office of the constable shall file the report with the board of township trustees

of the township. (d) Any park district police force or law enforcement department shall file the report

with the board of park commissioners of the park district. (e) The superintendent of the state highway patrol, the auditor of state, and the tax

commissioner shall file the report with the attorney general. (f) The executive director of the state board of pharmacy shall file the report with

the attorney general, verifying that cash and forfeited proceeds paid into the board

of pharmacy drug law enforcement fund were used only in accordance with section 4729.65 of the Revised Code . (g) The peace officer training commission shall file a report with the attorney general,

verifying that cash and forfeited proceeds paid into the Ohio law enforcement training

fund pursuant to this section during the prior calendar year were used by the commission

during the prior calendar year only to pay the costs of peace officer training. (h) The executive director of the Ohio casino control commission shall file the report

with the attorney general, verifying that cash and forfeited proceeds paid into the

casino control commission enforcement fund were used only in accordance with section 3772.36 of the Revised Code . (D) The written internal control policy of a county sheriff, prosecutor, municipal corporation

police department, township police department, township or joint police district police

force, office of the constable, or park district police force or law enforcement department

shall provide that at least ten per cent of the first one hundred thousand dollars

of amounts deposited during each calendar year in the agency's law enforcement trust

fund under this section, and at least twenty per cent of the amounts exceeding one

hundred thousand dollars that are so deposited, shall be used in connection with community

preventive education programs.  The manner of use shall be determined by the sheriff, prosecutor, department, police

force, or office of the constable after receiving and considering advice on appropriate

community preventive education programs from the county's board of alcohol, drug addiction,

and mental health services, from the county's alcohol and drug addiction services

board, or through appropriate community dialogue. The financial records kept under the internal control policy shall specify the amount

deposited during each calendar year in the portion of that amount that was used pursuant

to this division, and the programs in connection with which the portion of that amount

was so used. As used in this division, “ community preventive education programs ” include, but are not limited to, DARE programs and other programs designed to educate

adults or children with respect to the dangers associated with using drugs of abuse. (E) Upon the sale, under this section or section 2981.12 of the Revised Code , of any property that is required by law to be titled or registered, the state shall

issue an appropriate certificate of title or registration to the purchaser.  If the state is vested with title and elects to retain property that is required

to be titled or registered under law, the state shall issue an appropriate certificate

of title or registration. (F) Any failure of a law enforcement officer or agency, prosecutor, court, or the attorney

general to comply with this section in relation to any property seized does not affect

the validity of the seizure and shall not be considered to be the basis for suppressing

any evidence resulting from the seizure, provided the seizure itself was lawful. (G) As used in this section, “ Ohio law enforcement training fund ” means the state law enforcement training fund described in division (C)(3)(f) of Section 6 of Article XV, Ohio Constitution .